Xinhua News Agency, Beijing, June 20th
Law of People’s Republic of China (PRC) Municipality on Administrative Punishment of Public Officials
(Adopted at the 19th meeting of the 13th the NPC Standing Committee on June 20, 2020)
catalogue
Chapter I General Provisions
Chapter II Types and Application of Administrative Punishment
Chapter III Illegal Acts and Their Applicable Administrative Punishment
Chapter IV Procedures for Administrative Punishment
Chapter V Review and Recheck
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated in accordance with the Supervision Law of People’s Republic of China (PRC) for the purpose of regulating the administrative punishment, strengthening the supervision of all public officials who exercise public power, and promoting public officials to perform their duties according to law, use their power impartially, engage in politics in an honest manner and adhere to moral ethics.
Article 2 This Law is applicable to the activities of supervisory organs to impose administrative sanctions on illegal public officials.
Chapters II and III of this Law are applicable to the organs and units that appoint or remove public officials to punish illegal public officials. Other laws, administrative regulations, departmental rules of the State Council and relevant provisions of the state shall apply to the procedures and appeals of punishment.
The term "public official" as mentioned in this Law refers to the person specified in Article 15 of the Supervision Law of People’s Republic of China (PRC).
Article 3 Supervisory organs shall, in accordance with their management authority, strengthen supervision over public officials and give administrative sanctions to public officials who violate the law according to law.
The organs and units that appoint or remove public officials shall, in accordance with their management authority, strengthen the education, management and supervision of public officials, and give punishment to illegal public officials according to law.
If the supervisory organ finds that the organ or unit that appoints or dismisses public officials should give punishment but fails to give it, or the punishment given is illegal or improper, it shall promptly put forward supervision suggestions.
Fourth, give public officials administrative sanctions, adhere to the principle of party management of cadres, and make collective discussions and decisions; Adhere to equality before the law, take facts as the basis, take the law as the criterion, and give administrative sanctions commensurate with the nature, circumstances and harm of illegal acts; Adhere to the combination of punishment and education, combining leniency with severity.
Article 5 The administrative sanctions given to public officials shall be based on clear facts, conclusive evidence, accurate characterization, proper handling, legal procedures and complete procedures.
Article 6 Public officials shall be protected by law when performing their duties according to law, and shall not be punished by government affairs unless due to legal reasons or legal procedures.
Chapter II Types and Application of Administrative Punishment
Seventh types of administrative sanctions are:
(1) warning;
(2) recording a demerit;
(3) recording gross demerits;
(4) demotion;
(5) Dismissal;
(6) expulsion.
Eighth administrative punishment period is:
(1) Warning, six months;
(two) demerit, twelve months;
(three) gross demerit, eighteen months;
(4) demotion or dismissal for 24 months.
The decision on administrative punishment shall take effect as of the date when it is made, and the period of administrative punishment shall be calculated as of the date when the decision on administrative punishment takes effect.
Article 9 If two or more public officials jointly violate the law, they shall be given administrative sanctions respectively according to their respective roles in the illegal acts and the legal responsibilities they should bear.
Tenth relevant organs, units, organizations and collectives to make decisions or implement illegal acts, the responsible leaders and public officials who are directly responsible shall be given administrative sanctions according to law.
Eleventh public officials in any of the following circumstances, can be given a lighter or mitigated administrative sanctions:
(a) take the initiative to account for the illegal acts that I should be subject to administrative sanctions;
(two) to cooperate with the investigation and truthfully explain my illegal facts;
(three) to report other people’s violations of discipline and law, which is verified by investigation;
(four) take the initiative to take measures to effectively avoid, recover losses or eliminate adverse effects;
(5) playing a secondary or auxiliary role in a joint illegal act;
(six) take the initiative to hand in or refund the illegal income;
(seven) other lighter or mitigated circumstances as prescribed by laws and regulations.
Article 12 If a public official commits a minor illegal act and falls under any of the circumstances specified in Article 11 of this Law, he/she may be reminded by conversation, criticized and educated, ordered to check or admonished, and exempted or not given administrative sanctions.
If a public official is held hostage or coerced to participate in illegal activities because he doesn’t know the truth, and does show repentance after criticism and education, he may be relieved, exempted or not given administrative sanctions.
Thirteenth public officials in any of the following circumstances, should be given a heavier administrative punishment:
(a) intentionally breaking the law again during the period of administrative sanctions, and shall be subject to administrative sanctions;
(two) to prevent others from reporting and providing evidence;
(three) collusion or forgery, concealment or destruction of evidence;
(4) shielding the co-conspirators;
(5) coercing or instigating others to commit illegal acts;
(6) refusing to hand in or refund the illegal income;
(seven) other aggravating circumstances as prescribed by laws and regulations.
Article 14 A public official who commits a crime in any of the following circumstances shall be dismissed:
(1) Being sentenced to public surveillance, criminal detention or fixed-term imprisonment or above (including probation) for intentional crime;
(2) Being sentenced to fixed-term imprisonment for a negligent crime for more than three years;
(3) Being punished for a crime or being deprived of political rights concurrently.
Those who are sentenced to public surveillance, criminal detention or fixed-term imprisonment of not more than three years for negligent crimes should generally be dismissed; If the case is special and it is more appropriate to be dismissed, it may not be dismissed, but it shall be reported to the organ at the next higher level for approval.
If a public official is fined for a crime, or if the crime is minor, the people’s procuratorate decides not to prosecute according to law or the people’s court is exempted from criminal punishment according to law, he shall be removed from his post; Those who cause adverse effects shall be dismissed.
Fifteenth public officials have more than two illegal acts, should be determined separately. Should be given more than two kinds of administrative sanctions, the implementation of the heaviest administrative sanctions; If more than one administrative punishment should be given, the administrative punishment period can be determined at more than one administrative punishment period and less than the sum of multiple administrative punishment periods, but the longest period shall not exceed 48 months.
Sixteenth of the same illegal acts of public officials, supervisory organs and public officials appointment and removal organs and units shall not be given repeated administrative sanctions and sanctions.
Seventeenth public officials have illegal acts, the relevant authorities in accordance with the provisions of the organization to deal with, the supervisory organs can also be given administrative sanctions.
Article 18 If a public official who holds a leadership position commits an illegal act and is dismissed, revoked, removed or resigned from the leadership position, the supervisory organ may also give administrative sanctions.
Nineteenth civil servants and those who are managed by reference to the Civil Service Law of People’s Republic of China (PRC) shall not be promoted to positions, ranks, ranks and levels during the period of administrative sanctions; Among them, those who have been recorded, recorded, demoted or dismissed shall not be promoted to the salary scale. Those who have been removed from their posts shall be reduced in their posts, ranks, ranks and grades in accordance with regulations, and their wages and treatment shall be reduced at the same time.
Article 20 Personnel engaged in public affairs in organizations authorized by laws and regulations or entrusted by state organs according to law to manage public affairs, as well as personnel engaged in management in public education, scientific research, culture, medical and health care, sports and other units, shall not be promoted to posts, posts, staff grades and titles during the period of administrative sanctions; Among them, those who have been recorded, recorded, demoted or dismissed shall not be promoted to the salary level. Those who have been removed from their posts shall be demoted in their posts, posts or staff ranks, and at the same time, their salaries and benefits shall be reduced.
Twenty-first managers of state-owned enterprises shall not be promoted to posts, post grades and titles during the period of administrative sanctions; Among them, those who have been recorded, recorded, demoted or dismissed shall not be promoted to the salary level. Those who have been removed from their posts shall be demoted in their posts or post grades, and their salaries and benefits shall be reduced at the same time.
Twenty-second grass-roots mass autonomous organizations engaged in the management of illegal acts, the supervisory organs can be warned, demerits, demerits.
The people’s government at the county level or at the township level shall, according to the specific circumstances, reduce or withhold subsidies and bonuses if the management personnel in the grass-roots mass autonomous organizations are subject to administrative sanctions.
Twenty-third "People’s Republic of China (PRC) supervision law" article 15, paragraph 6 of the provisions of the personnel who violate the law, the supervisory organ may give a warning, demerit, demerit. If the circumstances are serious, the unit to which it belongs shall directly give it or the supervisory organ shall suggest the relevant organs and units to give it treatment such as reducing salary, transferring from their posts, dissolving personnel relations or labor relations.
If the personnel specified in the second paragraph of Article 15 of the Supervision Law of People’s Republic of China (PRC) do not hold the posts of civil servants, personnel managed by referring to the Civil Service Law of People’s Republic of China (PRC), staff of public institutions or personnel of state-owned enterprises, the illegal acts shall be dealt with in accordance with the provisions of the preceding paragraph.
Article 24 A public official who has been dismissed, or who has been dealt with according to the provisions of Article 23 of this Law by dissolving personnel relations or labor relations, shall not be employed as a civil servant or a person managed by referring to the Civil Service Law of People’s Republic of China (PRC).
Article 25 The property illegally obtained by public officials and the personal property used for illegal acts shall be confiscated, recovered or ordered to make restitution by other organs according to law, and shall be confiscated, recovered or ordered to make restitution by supervisory organs; If it should be returned to the original owner or holder, it shall be returned according to law; If it belongs to the state property or should not be returned and cannot be returned, it shall be turned over to the state treasury.
The supervisory organ shall advise the relevant organs, units and organizations to correct the positions, ranks, ranks, posts and staff grades, professional titles, treatment, qualifications, academic qualifications, degrees, honors, awards and other benefits obtained by public officials due to illegal acts.
Article 26 If a public official is dismissed, his/her personnel relationship or labor relationship with the organ or unit where he/she works shall be dissolved from the date when the decision on administrative punishment takes effect.
If a public official is subject to administrative sanctions other than dismissal, shows repentance during the period of administrative sanctions, and there is no illegal act that should be given administrative sanctions again, he will be automatically relieved after the expiration of administrative sanctions, and his promotion, rank, rank, rank, post and staff rank, professional title and salary will no longer be affected by the original administrative sanctions. However, if demotion or dismissal is lifted, the original post, rank, rank, rank, post and staff rank, title and salary will not be restored.
Twenty-seventh retired public officials who commit illegal acts before or after retirement will no longer be given administrative sanctions, but they can be investigated; Those who should be demoted, dismissed or dismissed according to law shall be treated accordingly in accordance with the provisions, and the illegally acquired property and personal property used for illegal acts shall be handled in accordance with the provisions of Article 25 of this Law.
If a public official who has left his post or died commits an illegal act during the performance of his duties, it shall be dealt with in accordance with the provisions of the preceding paragraph.
Chapter III Illegal Acts and Their Applicable Administrative Punishment
Twenty-eighth one of the following acts, be demerits or gross demerits; If the circumstances are serious, he shall be demoted or removed from his post; If the circumstances are serious, be dismissed:
(1) Spreading remarks that undermine the authority of the Constitution, the leadership of the Communist Party of China (CPC) and the reputation of the country;
(two) to participate in activities aimed at opposing the Constitution, the leadership of the Communist Party of China (CPC) and the state, such as assembly, procession and demonstration;
(three) refusing to implement or disguised not to implement the line, principles, policies and major decisions and arrangements of the Communist Party of China (CPC) and the state;
(four) to participate in illegal organizations and activities;
(five) provoke or undermine ethnic relations, or participate in ethnic separatist activities;
(six) the use of religious activities to undermine national unity and social stability;
(seven) damage the honor and interests of the state in foreign exchanges.
Whoever commits any of the acts mentioned in the second, fourth, fifth and sixth paragraphs of the preceding paragraph shall be dismissed from the planning, organizing and key elements.
Publicly publishing articles, speeches, declarations and statements that oppose the guiding ideology of the country established by the Constitution, the Communist Party of China (CPC)’s leadership, the socialist system and reform and opening up will be dismissed.
Twenty-ninth do not ask for instructions and report major issues in accordance with the provisions, and if the circumstances are serious, they will be given a warning, demerit or gross demerit; If the circumstances are serious, they shall be demoted or dismissed.
Those who violate the regulations on reporting personal matters and conceal them, if the circumstances are serious, shall be given a warning, demerit or gross demerit.
Tampering with or forging one’s personal files will be given a demerit or a gross demerit; If the circumstances are serious, they shall be demoted or dismissed.
Thirtieth one of the following acts, be warned, demerit or gross demerit; If the circumstances are serious, he shall be demoted or dismissed:
(a) in violation of the principle of democratic centralism, individuals or a few people decide major issues, or refuse to implement or change major decisions made by the collective without authorization;
(two) refusing to implement or in disguised form, delaying the implementation of decisions and orders made by superiors according to law.
Article 31 Those who leave the country in violation of regulations or apply for exit certificates for private purposes shall be given demerits or gross demerits; If the circumstances are serious, they shall be demoted or dismissed.
Those who have obtained foreign nationality or obtained overseas permanent residence qualification or long-term residence permit in violation of regulations shall be dismissed or expelled.
Thirty-second one of the following acts, be warned, demerit or gross demerit; If the circumstances are serious, he shall be demoted or removed from his post; If the circumstances are serious, be dismissed:
(a) in violation of the relevant provisions in the selection and appointment, employment, employment, assessment, promotion, selection and other cadres and personnel work;
(2) Deceiving positions, ranks, ranks, grades, positions and staff grades, professional titles, treatment, qualifications, academic qualifications, degrees, honors, awards or other interests by resorting to fraud;
(three) to suppress or take revenge on the behavior of exercising the rights of criticism, complaint, accusation and other rights according to law;
(four) false accusation and frame-up, with the intention of causing others to suffer adverse effects such as reputation damage or accountability;
(five) by means of violence, threats, bribery, fraud and other means to undermine the election.
Thirty-third one of the following acts, be warned, demerit or gross demerit; If the circumstances are serious, he shall be demoted or removed from his post; If the circumstances are serious, be dismissed:
(a) corruption and bribery;
(two) using the influence of authority or position to seek personal gain for himself or others;
(3) conniving at or acquiescing in the use of the influence of one’s authority or position by a specific related person for personal gain.
Those who refuse to correct the illegal employment, part-time work or business activities of a specific related person in accordance with the regulations and do not obey the post adjustment shall be dismissed.
Article 34 Whoever accepts gifts, cash gifts, securities and other property that may affect the fair exercise of public power shall be given a warning, demerit or gross demerit; If the circumstances are serious, he shall be demoted or removed from his post; If the circumstances are serious, they will be expelled.
Giving gifts, gifts, securities and other property that may affect the fair exercise of public power to public officials and their specific related persons, or accepting and providing banquets, tours, fitness, entertainment and other activities that may affect the fair exercise of public power, if the circumstances are serious, give a warning, record a demerit or record a gross demerit; If the circumstances are serious, they shall be demoted or dismissed.
Thirty-fifth one of the following acts, if the circumstances are serious, shall be given a warning, demerit or gross demerit; If the circumstances are serious, he shall be demoted or dismissed:
(1) Setting and distributing salaries or allowances, subsidies and bonuses in violation of regulations;
(two) in violation of regulations, in terms of official reception, official transportation, conference activities, office space and other work and life security, etc.;
(3) spending public funds in violation of regulations.
Article 36 Anyone who engages in or participates in profit-making activities in violation of regulations, or concurrently holds a post and receives remuneration in violation of regulations, shall be given a warning, demerit or gross demerit; If the circumstances are serious, he shall be demoted or removed from his post; If the circumstances are serious, they will be expelled.
Article 37 Anyone who uses clan or evil forces to oppress the masses, or connives at or covers up the activities of evil forces shall be removed from his post; If the circumstances are serious, they will be expelled.
Thirty-eighth any of the following acts, if the circumstances are serious, shall be given a warning, demerit or gross demerit; If the circumstances are serious, he shall be demoted or dismissed:
(a) in violation of the provisions of the management service object to collect and apportion property;
(two) in the management of service activities, deliberately making things difficult, eating and getting cards;
(three) in the management of service activities, the attitude is bad and rude, resulting in adverse consequences or influence;
(four) do not disclose work information in accordance with the provisions, infringe on the right to know of the management service object, and cause adverse consequences or influence;
(five) other acts that infringe upon the interests of the management service object, resulting in adverse consequences or influences.
Anyone who commits the acts mentioned in the first, second and fifth paragraphs of the preceding paragraph, if the circumstances are particularly serious, shall be expelled.
Thirty-ninth any of the following acts, resulting in adverse consequences or effects, shall be given a warning, demerit or gross demerit; If the circumstances are serious, he shall be demoted or removed from his post; If the circumstances are serious, be dismissed:
(a) abuse of power, endangering national interests, social and public interests or infringing on the legitimate rights and interests of citizens, legal persons and other organizations;
(two) do not perform or perform their duties incorrectly, dereliction of duty, delay the work;
(3) Formalism and bureaucratic behavior in the work;
(four) there is fraud, misleading and cheating in the work;
(5) divulging state secrets, work secrets, or business secrets and personal privacy mastered by performing duties.
Fortieth any of the following acts shall be given a warning, demerit or gross demerit; If the circumstances are serious, he shall be demoted or removed from his post; If the circumstances are serious, be dismissed:
(a) in violation of social order and good customs, misconduct in public places, resulting in adverse effects;
(two) to participate in or support superstitious activities, resulting in adverse effects;
(3) Participating in gambling;
(4) Refusing to undertake the obligation of maintenance, support and maintenance;
(five) the implementation of domestic violence, abuse and abandonment of family members;
(six) other serious violations of family virtues and social morality.
Those who take or inject drugs, organize gambling, organize, support or participate in prostitution, whoring and pornographic activities shall be dismissed or expelled.
Forty-first public officials have other illegal acts, which affect the image of public officials and harm the interests of the state and the people, and can be given corresponding administrative sanctions according to the seriousness of the case.
Chapter IV Procedures for Administrative Punishment
Article 42 A supervisory organ shall investigate a public official suspected of violating the law by two or more staff members. When conducting an investigation, the supervisory organ has the right to know the situation from the relevant units and individuals according to law and collect and obtain evidence. The relevant units and individuals shall truthfully provide information.
It is strictly forbidden to collect evidence by threats, seduction, deception or other illegal means. Evidence collected by illegal means shall not be used as the basis for giving administrative sanctions.
Article 43 Before making a decision on administrative sanctions, the supervisory organ shall inform the respondent of the illegal facts identified in the investigation and the basis for the proposed administrative sanctions, listen to the statements and arguments of the respondent, and verify the facts, reasons and evidence stated by the respondent and put them on record. If the facts, reasons and evidence put forward by the respondent are established, they shall be adopted. Shall not be aggravated by the respondent’s defense.
Forty-fourth after the investigation, the supervisory organ shall deal with it according to the following different situations:
(a) there are indeed illegal acts that should be subject to administrative sanctions, according to the seriousness of the case, in accordance with the authority of administrative sanctions, and after performing the prescribed examination and approval procedures, make a decision on administrative sanctions;
(2) If the illegal facts cannot be established, the case shall be dismissed;
(three) in line with the conditions for exemption or refusal of administrative sanctions, make a decision on exemption or refusal of administrative sanctions;
(four) the person under investigation is suspected of other illegal or criminal acts, and shall be transferred to the competent authority for handling according to law.
Forty-fifth decided to give administrative sanctions, it shall make a written decision on administrative sanctions.
The decision on administrative punishment shall contain the following items:
(a) the name, work unit and position of the person being punished;
(2) Illegal facts and evidence;
(three) the types and basis of administrative punishment;
(four) refuses to accept the decision of administrative punishment, the way and time limit for applying for review;
(five) the name and date of the organ that made the decision on administrative sanctions.
The written decision on administrative punishment shall be stamped with the seal of the supervisory organ that made the decision.
Forty-sixth administrative punishment decision shall be delivered to the punished person and the organs and units where the punished person is located in a timely manner, and announced within a certain range.
After making a decision on administrative punishment, the supervisory organ shall inform the relevant organs and units in writing according to the specific identity of the person being punished.
Article 47 A person who participates in the investigation and handling of illegal cases of public officials shall voluntarily withdraw, and the person under investigation, the prosecutor and other relevant personnel also have the right to ask him to withdraw:
(1) Being a close relative of the respondent or the prosecutor;
(2) Having served as a witness in this case;
(three) himself or his close relatives have an interest in the case under investigation;
(four) other circumstances that may affect the impartial investigation and handling of the case.
Article 48 The withdrawal of the person in charge of a supervisory organ shall be decided by the supervisory organ at a higher level; The withdrawal of other personnel involved in the investigation and handling of illegal cases shall be decided by the person in charge of the supervisory organ.
If a supervisory organ or a supervisory organ at a higher level finds that a person involved in the investigation and handling of an illegal case should withdraw, it may directly decide that the person should withdraw.
Article 49 If a public official is investigated for criminal responsibility according to law, the supervisory organ shall, according to the effective judgment, ruling and decision of the judicial organ and the facts and circumstances identified, give administrative sanctions in accordance with the provisions of this Law.
If a public official is subject to administrative punishment according to law and should be given administrative sanctions, the supervisory organ may, according to the facts and circumstances identified in the decision on administrative punishment, give administrative sanctions in accordance with this Law after investigation and verification.
After the supervisory organ makes an administrative sanction according to the provisions of the first and second paragraphs of this article, if the judicial organ or administrative organ changes the original effective judgment, ruling or decision according to law, which has an impact on the original decision on administrative sanction, the supervisory organ shall make corresponding treatment again according to the changed judgment, ruling or decision.
Article 50 If a supervisory organ dismisses or dismisses a public official who has been elected or appointed by the people’s congresses at various levels or the standing committees of people’s congresses at or above the county level, it shall first dismiss, revoke or remove his post according to law, and then make a decision on administrative sanctions according to law.
If a supervisory organ dismisses or dismisses a public official who has been elected or appointed by the plenary session of the committees at all levels of the China People’s Political Consultative Conference or its Standing Committee, it shall first remove him from his post in accordance with the articles of association, and then make a decision on administrative sanctions according to law.
If the supervisory organ gives administrative sanctions to deputies to people’s congresses at all levels and members of committees at all levels of the China People’s Political Consultative Conference, it shall notify the Standing Committee of the relevant people’s congress, the presidium of the people’s congresses of townships, nationality townships and towns or the Standing Committee of the China People’s Political Consultative Conference.
Article 51 After the investigation of a case investigated by a supervisory organ at a lower level according to the designated jurisdiction decision of a supervisory organ at a higher level is completed, the supervisory organ with management authority shall make a decision on administrative punishment for the object of supervision that does not fall within the jurisdiction of this supervisory organ according to law.
Article 52 If a public official is suspected of breaking the law and has been placed on file for investigation, it is not appropriate to continue to perform his duties, the organ or unit that appoints or removes public officials may decide to suspend him from performing his duties.
Public officials shall not leave the country or resign from public office without the consent of the supervisory organ during the investigation; The organs and units where the public officials are investigated and the organs and units at higher levels shall not exchange, promote, reward, punish or go through retirement procedures.
Article 53 If a supervisory organ finds in the investigation that a public official has been falsely accused, accused or framed, which has caused adverse effects, it shall promptly clarify the facts, restore his reputation and eliminate the adverse effects in accordance with regulations.
Fifty-fourth public officials who are subject to administrative sanctions shall deposit the decision on administrative sanctions in their own files. For those who are subject to administrative sanctions above demotion, the personnel department shall, within one month after making the decision on administrative sanctions, go through the formalities for changing their positions, wages and other relevant treatment; Under special circumstances, the processing period may be appropriately extended upon approval, but the longest period shall not exceed six months.
Chapter V Review and Recheck
Fifty-fifth public officials who are dissatisfied with the decision of the supervisory organ on administrative sanctions involving themselves may apply to the supervisory organ that made the decision for review according to law; If a public official still refuses to accept the review decision, he may apply to the supervisory organ at the next higher level for review.
If the supervisory organ finds that the decision on administrative sanctions made by the organ or the supervisory organ at a lower level is indeed wrong, it shall promptly correct it or order the supervisory organ at a lower level to correct it in a timely manner.
Fifty-sixth review, review period, not to stop the implementation of the original decision on administrative sanctions.
Public officials are not subject to aggravated administrative sanctions because of filing a review or reexamination.
Fifty-seventh in any of the following circumstances, the review organ shall revoke the original decision on administrative sanctions, make a new decision or order the supervisory organ that made the original decision to make a new decision:
(a) the illegal facts on which the administrative punishment is based are unclear or the evidence is insufficient;
(two) in violation of legal procedures, affecting the fair handling of cases;
(three) beyond the authority or abuse of power to make a decision on administrative sanctions.
Fifty-eighth in any of the following circumstances, the review organ shall change the original decision on administrative sanctions, or order the supervisory organ that made the original decision to change it:
(a) the application of laws and regulations is indeed wrong;
(2) The determination of the circumstances of the illegal act is indeed wrong;
(three) improper administrative punishment.
Fifty-ninth review, review the decision of administrative punishment that the facts are clear and the applicable law is correct, should be maintained.
Article 60 If the decision on administrative punishment of a public official is changed and it is necessary to adjust the post, rank, rank, grade, post and staff grade or remuneration of the public official, it shall be adjusted in accordance with the provisions. If the decision on administrative sanction is revoked, the rank and salary of the public official shall be restored, and the corresponding position, rank, rank, post and staff rank shall be arranged according to the original position, rank, rank and staff rank, and the reputation shall be restored within the scope of the announcement of the original decision on administrative sanction. If the confiscation or recovery of property is wrong, it shall be returned and compensated according to law.
If a public official is revoked or given a mitigated administrative punishment due to the circumstances stipulated in Article 57 and Article 58 of this Law, he shall compensate for the losses suffered by his remuneration.
Chapter VI Legal Liability
Article 61 If the relevant organs and units refuse to adopt the supervision suggestions without justifiable reasons, their superior organs and competent departments shall order them to make corrections, give informed criticism to the organs and units, and deal with the responsible leaders and persons directly responsible according to law.
Article 62 If any relevant organ, unit, organization or personnel is under any of the following circumstances, it shall be ordered by its superior organ, competent department, appointment and removal organ, unit or supervisory organ to make corrections and be dealt with according to law:
(a) refusing to implement the decision on administrative sanctions;
(2) Refusing to cooperate or obstruct the investigation;
(three) to take revenge on prosecutors, witnesses or investigators;
(4) falsely accusing or framing public officials;
(5) Other circumstances that violate the provisions of this Law.
Sixty-third supervisory organs and their staff in any of the following circumstances, the responsible leaders and directly responsible personnel shall be dealt with according to law:
(a) in violation of the provisions of the disposal of clues;
(2) Stealing or disclosing information about the investigation work, or disclosing information about the reported matters, the acceptance of the report and the informer’s information;
(3) extorting a confession from the person under investigation or the person involved in the case, or insulting, beating, abusing, corporal punishment or corporal punishment in disguised form;
(4) accepting property and other benefits from the person under investigation or the person involved;
(five) in violation of the provisions of the disposal of property involved;
(six) in violation of the provisions of the investigation measures;
(seven) using the influence of authority or position to interfere in the investigation and seek personal gain by the case;
(eight) in violation of the provisions of the handling of safety accidents, or after the occurrence of safety accidents, concealment, inaccurate reporting, improper disposal;
(nine) in violation of procedures such as withdrawal, causing adverse effects;
(10) Failing to accept and handle the review and reexamination of public officials according to law;
(eleven) other acts of breach of privilege, dereliction of duty and favoritism.
Article 64 Whoever violates the provisions of this Law and constitutes a crime shall be investigated for criminal responsibility according to law.
Chapter VII Supplementary Provisions
Article 65 the State Council and its relevant competent departments shall, in accordance with the principles and spirit of this Law and in combination with the actual conditions of public institutions and state-owned enterprises, make specific provisions on the punishment of illegal public officials in public institutions and state-owned enterprises.
Article 66 the Central Military Commission (CMC) may formulate relevant specific provisions in accordance with this Law.
Article 67 Before the implementation of this Law, if a closed case needs to be reviewed or rechecked, the provisions at that time shall apply. For cases that have not been closed, if the provisions at the time of the act are not considered illegal, the provisions at that time shall apply; If the provisions at the time of the act are considered illegal, it shall be dealt with in accordance with the provisions at that time, but if this Law is not considered illegal or dealt with lightly according to this Law, this Law shall apply.
Article 68 This Law shall come into force as of July 1, 2020.